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a a er » SUPREME COURT OF THE UNITED STATES. No. —, Original-—Octopen TexM, 1937. ‘ Motion for leave to file a petition for an Albert, Levitt,| T°? requiring Mr. Justicé Mlack to Ex parm sit ery, “evi t, show cause why he should be per- etisioner. mitted to serve as an Aasociate Justice of this Court. [October 11, 1937.] Per Curiam. The grounds of this motion are that the appointment of Mr. YW Justice Black by the President and the confirmation thereof by the / F Senate of the United States were null and void by reason of his ineligibility under Article I, Section 6, Clause 2, of the Constitu- tion of the United States, and because there was no vacancy for . y Which the appcintment could lawfully be made. The motion papers ~/ disclose no interest upon the part of the petitioner other than that of a citizen and a member of the bar of this Court. That is in- sufficient. It is an established principle that to entitle a private ! individual to invoke the judicial power to determine the validity of executive or legislative action he must show that he has sus- tained or is immediately in danger of sustaining a direct injury as the result of that action and it is not sufficient that he has merely a general interest common to all members of the public. Tyler v. Judges, 179 U. 8. 405, 406; Southern Railway Company v. King, ’ 217 U. S. 524, 534; Newman v. Frizzell, 238 U. 8. 537, 549, 550; Fairchild v. Hughes, 258 U. 8. 126, 129; Massachusetts v. Mellon, 262 U.S. 447, 488. The motion is denied.